..... ganeshchewing tobacco177899 j/212 ganeshchewing tobacco187068 j/242 ganeshsnuff182711 j/283 ganeshsnuff219036 j/374 ganeshcigars217348 j/392 ganeshchewing tobacco276635 j/587 ganeshjarda39. the petitioner had been using the said trademark of 'ganesh' for its product- 'bidies' for over more than 50 years. no basis or material has been provided by the respondent that the religious feelings of ..... used on many articles and by registering the symbol with numerical 501, it distinguishes the product of the petitioner from others giving petitioner an invaluable right to use the trademark and prevent his right from infringement under the act. biri is not smoked by hindus only. muslims and people belonging to other communities also smoke bidi. in these ..... provided machinery for correction of any error in registration. provision has been made for determination in a rectification proceeding, of all questions including the question whether the registered trademark should not have been registered because it comprises of or contains any matter likely to hurt the religious susceptibilities of any class or section of citizens of india, ..... navinchandra trivedi v. bhagyalaxmi chitramandir - : air1978guj13 .20. the grievance of the respondent no. 3 that use of the name and/or picture of 'god ganesh' as trademark by the petitioner upon the wrapper/label is for commercial purpose and, therefore, is objectionable. his further contention is that smoking bidis is bad and is prohibited by hindu scriptures .....

..... 276 : 'in order to see whether it should be registered, we have to consider whether 'tripcastroid' so nearly resembles the trademark 'castrol', which i.s the registered trademark of the appellants, as to be calculated to deceive; and we have to consider the interests of the general public who ..... like 'amrit' and 'dhara' cannot be made the monopoly of any individual. we, therefore, see no reason to disallow registration of the trademark 'lakshman dhara'. 27. this normally would have been enough to dispose of the whole appeal but in deference to the lengthy arguments that were advanced ..... the probability of deception purely on a consideration of the relative nature of the two words themselves, consisting of, first, the opponents' trademark, and, secondly, the trade marrk which the applicants seek to register. that being so, and concentrating on the construction of those two 'words, i must say that ..... of shri satya deo gupta or they are sold or can be passed off, as belonging to theamritdhara pharmacy simply because they carried the trademark 'lakshman dhara.' learned counsel for the lakshman dhara pharmacy has arguedthat the words 'lakshman dhara' are both words well known to the public ..... he found that the medicine 'lakshman dhara' had admittedly been sold mostly in this state. as a result, therefore, the registration of the, trademark 'lakshman dhara' was ordered subject to the condition mentioned above. aggrieved by this decision, the applicant has come up in appeal to this court .....

..... benefit but it does not follow that it cannot be conditional; it can be conditional upon the registrar's seeing such a resemblance between the-deposited trademark and the trademark sought to be registered as is likely to cause deception or confusion. i was referred to (1878) 7 ch d 724 at p. 726 ..... can be held to be so adapted to distinguish. this is the purport of sub-section (3). the proviso to it deals with old trademarks e. g., trademarks continuously used from a date prior to 25-2-1937 upto the date of the application for registration; in respect of them it is not ..... was held to be unsatisfactory and the law since 1905 is that it must consist of an invented word in in re. van duzer's trademark; in re, leaf's trademark, (1887) 56 lj ch 370 (x), it was held that the word 'melrose' as appliedto a hair restorer and the word 'electric ..... filed a suit against him in the courts at dehra dun and saharanpur respectively. the application of the defendants for registration of the trademark was advertised in the trademarks journal and that was sufficient compliance with the law; the registrar was not bound to give a notice to the plaintiff of the ..... court of the district judge, saharanpur. on account of these proceedings pending against him he considered himself aggrieved by the entry of the defendants' trademark in the register. the trademark was not registerable at all because it does not contain any of the essential particulars mentioned in section 6 of the act; the words 'amrit .....

..... 1944 and 1945) but on the date of the passing of the decree respondent no. 1 alone was the proprietor of the two trademarks. as for the trademark being publici juris, the learned single judge held that gadadhar prasad had the exclusive right to use the word 'himkalyan tail' which was ..... application the name of chakradhar saran was substituted and all the formalities were completed for the publication of the trademarks in the trademark journal. the registrar has further stated that these two trademarks were thus registered, which registration is effective from the date of the application and has further been renewed ..... the expression 'contrary to any law for the time being in force' in section 8 (c) means any law other than the trademarks act. section 6 of the trademarks act is not covered by the wordings of section 8 (c) of the act. (see ram rakhpal's case supra). 25. ..... the affidavit of kashi nath that sri gadadhar prasad made a deliberate false statement that he was the sole proprietor of the trademarks whereas in fact the said trademarks were the property of the joint hindu family consisting of gadadhar prasad, his sons and grandsons. it has further been alleged ..... hindu family in the joint hindu family business'. admittedly these applications and amendments thereof were filed by gadadhar prasad under section 14 of the trademarks act. the registrar was acquainted with the two statements of facts contained therein. it cannot accordingly be held that the registrar was defrauded .....

..... 2(d) 'registered' means registered under this act. under section 2(g) 'registered proprietor' in relation to a trademarks, means the person for the time being entered in the register as proprietorof the trademark. 'registered trademark' means trademark which is actually on the register. 'registered user' means a person who is for the time being registered as such ..... companies. the defendants obtained registration of these trademarks by suppression of fact and they had never informed the plaintiffs or the public at large that the cigarettes under those brand names were not being manufactured ..... foreign companies registered in england. these foreign companies enjoyed tremendous reputation amongst the smoking public in india. these foreign companies had allowed the defendants to use the trademarks without giving to them the knowhow, expertise or technical assistance and the cigarettes manufactured by the defendants were inferior in quality than those manufactured by the foreign ..... defendant-company. upon such registration, certain rights are conferred to the owner of the registered trademark. registration gives to the proprietor of the trademark exclusive right of the use of the trademark in relation to the goods in respect of which the trademark has been registered. this right is subject only to one condition that the registration should .....

..... be possible. (s) section 20 is: '20(1) no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trademark unless such trademark has been continuously in use since before the 25th day of february, 1937, by such person or by a predecessor in title of his and unless an application for ..... chadwick and bros. ltd. air 1948 mad 481 (c). 13. in the 'madras case' it was admitted that it was to be decided without reference to the provisions of the trademarks act, 5 of 1940. 14. the other cases, are distinguishable. the observations therein may impliedly go against the present appellant. in the 'calcutta case' mukherjea j. observed: 'it is not ..... looks to us illogical that those points should be determinable by a court inferior to a district court even though section 73, trademarks act provides that a suit for the infringement ofa trademark or otherwise relating to any rightin a trademark should not be instituted in a court other than a district court. we, have, therefore, to interpret the two provisions referred to ..... people in general consider the goods bearing that label to be goods manufactured by the plaintiff and that the plaintiff has thus acquired an exclusive right and title to their trademarks which are also registered. in this connection it is also mentioned in the plaint that the aforesaid label stands as a symbol for the goods manufactured by the plaintiff. 3 .....

..... obtained registration of the name 'bata' in all major indian languages and also got it registered in english language in capital letters. apart from the above registered trademark, the plaintiff-company had also a trademark 'bsc (standing for bata shoe company) and its registration number is 270102. 'bata is put on all goods produced by the company as well as cartons ..... respondents cited the following decisions : the first case cited is thomas bear & sons v. prayag narain . the appeal arose out of an action brought to restrain infringement of trademark rights and passing off. the appellants were manufacturers and sellers of cigarettes and of tobacco described as 'virginia bird's eyes' smoked in pipes. these goods were sold in india ..... of the district judge with the relief mentioned earlier. 6. the defendants denied all the allegations in the plaint and alleged that the name of 'bata' was registered under the trademarks act, 1940 in respect of canvas, rubber, leather shoes, rubber monlith (foot-wear) rubber heels, rubber sole, rubber plates, leather soles, half soles, wooden heels, heels, socks and ..... registered in the office of the registrar of assurance, calcutta, asserting its exclusive right to the user of the sole name 'bata'. after the enactment of the trademarks act, 1940, the plaintiff-company registered its trademark 'bata' in respect of several types of goods including canvas, rubber, rubber plates, leather shoes, rubber monlith etc., included in cl. 55 of the fourth .....

..... 1957. admittedly the registration number is under the copyright act, 1957, and not under the act, 1999. there cannot be and there is no infringement of an unregistered trademark under the trademark act, 1999. however all the three ingredients of passing off, i.e. disclosure of goodwill, demonstration of misrepresentation and likelihood of suffering of irreparable harm and injury in ..... of 'passing off as observed hereinbefore. in view of the provisions of section 23 in consequence to the provisions of sections 18, 19 and 21 of the trademarks act, 1999 the trademark of the plaintiff-respondents has to be registered as of date of making of such application, i.e. 1993 which would be deemed to be the date ..... of acceptance of such application before its registration, neither there has been any opposition to the said registration under section 21. section 23 requires the registrar to register the trademark, where the procedure for registration has been completed (subject to the conditions mentioned therein) and the same shall be registered as of date of making of such application ..... assumption that the plaintiffs-respondents had a registered trademark; that the plaintiff-respondents came forward with the allegations in their suit that their trademark was registered under the trademark act bearing number 1255208 but when the appellant-defendant controverted this assertion then the plaintiff-respondents with permission from court amended their plaint and substituted the number by another .....

..... say that the decision related to any rights of the parties. rights will arise in the party whose suggested trademark is registered after such registration. it is also not clear that any decision of the registrar on the point in dispute will have any finality in the sense that, in ..... proceedings in which this order was passed arose out of an application requesting the registration of the trademark. the registrar after hearing the objection of the other party gave a decision that the trademark should not be registered on account of its similarity to another registered trade-mark. the proceedings cannot, therefore, be said to amount to a suit and it is difficult to ..... order1. this is an appeal against the decision of the registrar under section 15, sub-section (4) of the trademarks act, 1940, refusing to register the trademark sought to be registered by the appellant. section 76 of the act gives the right of appeal against any decision of the registrar under the act to the high court .....

..... was held as follows :'it is true that apart from certain special statutes which entitle companies or persons to the exclusive use of a name or a mark, such as the companies act or the trademarks act, a man has no exclusive proprietary rights in a fancy name or title, and normally and principally, it is in relation to the user of ..... a name associated with a certain businesses or trading concern or some profession that the court affords protection and grants an injunction restraining the adoption and use of such .....